Clerks' (Accountants' Employees) Award 1984
1. - TITLE
This Award shall be known as the Clerks' (Accountants' Employees) Award 1984 and replaces the Clerks' (Accountants' Employees) Interim Award 1982, No. 8 of 1982, and the Professional Accountants' Officers Award No. 20 of 1972 insofar as it applies to clerks.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
2A.No Extra Claims
3.Area
4.Scope
5.Term
6.Definitions
7.(Vacant)
7A.Casual Employees
7B.Part-time Employees
8.(Vacant)
9.Meal Allowance
10.Holidays
11.Rates of Pay
12.Annual Leave
13.Sick Leave
14.Contract of Service
15.Certificate of Service
16.Record
17.Payment of Wages
18.Travelling Time
19.Aged and Infirm Employees
20.Certificate of Age
21.General
22.Long Service Leave
23.Location Allowance
24.Uniforms
25.Compassionate Leave
26.Maternity Leave
27.Traineeships
28.Superannuation
29.Award Modernisation (Enterprise Agreements)
Appendix - Resolution of Disputes Requirement
Schedule A - Respondents
Appendix - S.49B - Inspection Of Records Requirements
2A. - NO EXTRA CLAIMS
It is a term of this award (arising from the decision of the Commission in Court Session in Application No. 704 of 1991) that the Union will not pursue prior to 15th November 1991 any extra claim, award or overaward, except where consistent with the State Wage Principles.
3. - AREA
This Award shall operate within the State of Western Australia.
4. - SCOPE
This Award shall apply to all employees engaged for or substantially employed on clerical work and without limiting the generality of the term it includes typists, stenographers and telephonists; receptionists and messengers where such employees do clerical work, and employees employed to operate calculating, billing or other machines designed to perform or assist in performing any clerical work whatsoever in the industry conducted by the respondents, provided that the award shall not apply to employees substantially engaged on professional work.
5. - TERM
The term of this Award shall be for a period of 3 years commencing as from the beginning of the first pay period commencing on or after 20 March 1984.
6. - DEFINITIONS
(1)"Adult" means any employee 21 years of age and over.
(2)"Establishment" shall mean any place, location or address where a respondent to the Award has established an office or place of business.
7A. - CASUAL EMPLOYEES
(1)A casual employee shall mean an employee engaged and paid as such, and whose employment may be terminated by the giving of one hour's notice on either side, or by the payment or forfeiture, as the case may be, of one hour's pay.
(2)A casual employee shall be paid in accordance with the provisions of subclause (4) of Clause 11. - Rates of Pay.
Notwithstanding anything contained in this clause the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the Union.
7B. - PART-TIME EMPLOYEES
(1)A part-time employee shall mean an employee who, subject to the provisions of Clause 7. - Hours, works no more than 32 ordinary hours per week except where a part-time employee at the date of this Award is employed for more than 32 hours a week, that arrangement with respect to that employee may continue.
(2)(a)At the time of engagement the employer and the employee shall agree to the number of ordinary hours to be worked by the employee in each week.
(b)Such number of ordinary hours, once agreed, may be varied by either side giving the amount of notice required by Clause 14. - Contract of Service.
(3)A part-time employee shall receive payment for wages, annual leave, holidays and sick leave on a pro-rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours.
7. - (VACANT)
8. - (VACANT)
9. - MEAL ALLOWANCE
(1)An employee who is required to continue working for 2 hours or more after that employee's rostered ordinary time for ceasing work on any day shall be supplied with a suitable meal and, unless the employee agrees otherwise, allowed an adequate break to partake of that meal.
(2)If that meal is not provided the employee shall be paid a meal allowance of $8.10.
10. - HOLIDAYS
(1)The following days or the days observed in lieu shall, subject to the provisions of this clause, be allowed as holidays, without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day, provided that another day may be taken as a holiday by arrangement between the employer and the employee in lieu of any of the days named in this subclause.
(2)When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday. In each case, the substituted day shall be a holiday without deduction of pay, and the day for which it is substituted shall not be a holiday.
(3)On any public holiday not prescribed as a holiday under this Award, the employer's establishment or place of business may be closed, in which case an employee need not present himself for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.
(4)Where -
(a)a day is proclaimed as a whole public holiday or a half public holiday under Section 7 of the Public and Bank Holiday Act, 1972; and
(b)that proclamation does not apply throughout the State or to the metropolitan area of the State;
that day shall be a whole public holiday or, as the case may be, a half public holiday for the purpose of this Award within the district or locality specified in the proclamation.
(5)When any of the days mentioned in subclause (1) hereof falls on a full-time employee's rostered day off the employer and the employee may agree that the employee receive an additional day off to be taken in conjunction with a period of annual leave or at some other time as mutually agreed between the employer and employee.
(6)Subject to subclause (3) of this clause, all ordinary hours of work performed on a holiday shall be paid for at the rate of double time and a half.
(7)The provisions of this clause, except for the provisions of subclause (6) shall not apply to casual employees.
11. - RATES OF PAY
(1)The following shall be the minimum rates of wages per week payable to employees covered by this Award.
(2)Adult Employees (rate per week):
(a)
Base Rate Per Week $ / Arbitrated Safety Net Adjustment Per Week $ / Total Rate $ Per Week $At 21 years of age / 361.40 / 369.60 / 731.00
At 22 years of age / 365.60 / 369.80 / 735.40
At 23 years of age / 369.30 / 369.90 / 739.20
At 24 years of age / 373.30 / 370.20 / 743.50
At 25 years of age and over / 377.70 / 370.40 / 748.10
(b)Adult stenographers, comptometer or calculating or ledger machine operators shall receive $5.60 per week in addition to the rates set out in paragraph (a) of this subclause.
(c)
Base Rate Per Week $ / Arbitrated Safety Net Adjustment Per Week $ / Total Rate $ Per Week $Senior Clerks (Classified as such or in default of agreement by the Board of Reference) / 383.70 / 370.80 / 754.50
(d)The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
(3)Junior Employees:
(a)Percentage of the rate for an adult employee at 21 years of age per week -
%At 15 years of age / 40
At 16 years of age / 50
At 17 years of age / 60
At 18 years of age / 70
At 19 years of age / 80
At 20 years of age / 90
(b)Junior stenographers, comptometer or calculating or ledger machine operators shall, in addition to the rates set out in paragraph (a) of this subclause, receive -
$At 17 years of age / 0.70
At 18 years of age / 1.00
At 19 years of age / 2.60
At 20 years of age / 3.40
(4)Casual clerks may be employed at an hourly rate and shall be paid whilst so employed twenty-five percent, in addition to the rates prescribed above, with a minimum engagement of four hours.
12. - ANNUAL LEAVE
(1)Except as hereinafter provided a period of 4 consecutive weeks leave with payment at the ordinary rate of wage shall be allowed annually to an employee by the employer after a period of 12 months continuous service with such employer.
(2)(a)During a period of annual leave an employee shall be paid a loading of 17½ percent calculated on his ordinary rate of wage.
(b)The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(c)An employee in receipt of a weekly wage prescribed by this Award for the classification of "Senior Clerk" with the addition of 20 percent or more may be employed on the basis that the annual leave loading prescribed in paragraph (a) hereof may be calculated on a rate other than his ordinary rate provided that such rate is not less than the Senior Clerk's rate.
(3)If any Award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one day, being an ordinary working day for each such holiday observed as aforesaid.
(4)(a)If after 1 month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his employment, or his employment is terminated by the employer through no fault of the employee, that employee shall be paid 12 2/3 hours pay at his ordinary rate of wage in respect of each completed month of continuous service.
(b)In addition to any payment to which he may be entitled under paragraph (a) hereof, an employee whose employment terminates after he has completed a 12 months qualifying period and who has not been allowed the leave under this Award in respect of that qualifying period shall be given payment in lieu of so much of that leave as has not been allowed, unless -
(i)he has been justifiably dismissed for misconduct; and
(ii)the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period.
(5)Any time in respect of which an employee is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays or annual leave as prescribed by this Award shall not count for the purpose of determining his right to annual leave.
(6)With the consent of the employer and the employee, annual leave may be taken in more than one period of leave; provided that one of these periods shall not be less than 2 weeks.
(7)Every employee shall be given and shall take annual leave within 9 months after the date it falls due.
(8)No employee shall be required to proceed on annual leave unless at least 2 weeks prior notice is given. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the employee. In the event of disagreement on any proposed alteration to annual leave arrangements once they are made by an employer and employee the matter shall be determined by a Board of Reference.
(9)(a)At the request of an employee, and with the consent of the employer, annual leave prescribed by this clause may be given and taken before the completion of 12 months continuous service as prescribed by subclause (1) of this clause.
(b)If the service of an employee terminates and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (4) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by the employee for the period of leave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (4) of this clause. The employer may deduct this amount from moneys due to the employee by reason of the other provisions of this Award at the time of termination.
(c)The annual leave loading provided by subclause (2)(a) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause. The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee completing the qualifying period of continuous service provided in subclause (1) of this clause.
(10)Notwithstanding anything else herein contained an employer who observes a Christmas close-down for the purpose of granting annual leave may require an employee to take his annual leave in not more than two periods but neither of such periods shall be less than one week.
(11)In the event of an employee being employed by an employer for a portion only of a year the employee shall only be entitled subject to subclause (4) of this clause to such leave on full pay as is proportionate to his length of service during that period with such employer and, if such leave is not equal to the leave given to the other employees, the employee shall not be entitled to work or pay whilst the other employees are on leave on full pay.
(12)The provisions of this clause shall not apply to casual employees.
13. - SICK LEAVE
(1)(a)An employee who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.
(b)Entitlement to payment shall accrue at the rate of 6 1/3 hours pay for each completed month of service with the employer.
(c)If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.